How do we file for non-disclosure of my husband’s records?

He has has a misdemeanor charge for possession of marijuana from 4 years ago. He took deferred adjudication but of course the charge still comes up despite the fact he was told it wouldn’t. It is currently preventing us from being able to get an apartment. We want to file for non-disclosure of his records and I am aware we must do this with the county clerk. What I am wondering is, do we need any kind of paperwork from a lawyer or will the county clerk provide all the paperwork? Can we do this without a lawyer or would we need one?

Asked on July 14, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you are seeking is an order to seal your husband's criminal matter from the public issued by the court. Given the complicated nature of what you want to undertake you should consult with a criminal defense attorney to assist you in this matter.

You need to realize that based upon my experience the courts at least in California rarely grant such a motion.

You will need to create the paper work from scratch on your own concerning the motion that you want to file seeking the stated relief of a sealed criminal record of your husband.

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